Just Undercompensation: The Idiosyncratic Premium in Eminent Domain

By:  Brian Angelo Lee

 

When the government exercises its power of eminent domain to take private property, the Fifth Amendment to the U.S. Constitution requires that the property’s owners receive “just compensation,” which the Supreme Court has defined as equal to ...READ MORE

Dividing Sovereignty in Tribal and Territorial Criminal Jurisdiction

By:  Zachary S. Price

 

In both federal Indian law and the law regarding United States territories, the Supreme Court in recent decades has shown increasing skepticism about previously tolerated elements of constitutionally unregulated local governmental authority. This Article proposes a framework ...READ MORE

Deregulate but Still Disclose?: Disclosure Requirements for Ballot Question Advocacy After Citizens United v. FEC and Doe v. Reed

By:  Sean McMahon

 

A relatively unheralded aspect of the Supreme Court’s controversial decision in Citizens United v. FEC is its strong affirmation of the constitutionality and utility of disclosure requirements for individuals and groups engaged in political advocacy. In both Citizens United ...READ MORE

 

The Confusion of Fusion: Inconsistent Application of the Establishment Clause Nondelegation Rule in State Courts

By:  Jun Xiang

 

It seems almost beyond dispute that if the Federal Establishment Clause prohibits anything, it prohibits religious institutions from wielding governmental power. So thought the U.S. Supreme Court in Larkin v. Grendel’s Den, Inc. when it announced that the delegation of governmental ...READ MORE

The Upside of Losing

By:  Ben Depoorter

 

Conventional understanding in legal reform communities is that time and resources are best directed toward legal disputes that have the highest chance of success and that litigation is to be avoided if it is likely to establish or ...READ MORE